Bindu Kumar v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.56174 of 2017 Arising Out of PS.Case No. -255 Year- 2017 Thana -BARH District- PATNA ====================================================== Bindu Kumar, S/o Kuldeep Mochi @ Kuldeep Das, R/Village-Chak Jalal, P.S.-Bhadaur, District-Patna.

.... .... Petitioner/s

Versus

The State of Bihar .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Rajesh Kumar Sinha For the Opposite Party/s : Mr. Tarun Prasad Mandal ====================================================== CORAM: HONOURABLE MR. JUSTICE SANJAY PRIYA ORAL ORDER 27-11-2017 Heard learned counsel for the petitioner and learned A.P.P. for the State.

Petitioner apprehends his arrest in Barh P.S. Case No.255 of 2017 for the offence under Sections 279, 337 and 354 of I.P.C.

It is alleged in the written report that on the date of occurrence, while the daughter of the informant along with the daughter of his brother-in-law were returning from school in the way, the petitioner with bad intention dashed them by his motor cycle, who sustained head injuries and on other part of the body. It is also alleged that the petitioner always tried to misbehave with both the girls. From the F.I.R it appears that police registered a case for the offence under Sections 279, 337 and 354 of the I.P.C.

Patna High Court Cr.Misc. No.56174 of 2017 (2) dt.27-11-2017 2/2 Counsel for the petitioner has submitted that there is no mention in the impugned order about the injury on the persons of the victim girls. There is general and omnibus allegation that the petitioner used to misbehave with both girls. In the facts and circumstances of the case, prayer of the petitioner for grant of anticipatory bail is allowed. Let the petitioner, above named, in the event of his arrest or surrender before the court below within six weeks from today, be released on bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of A.C.J.M., Barh, Patna, in Barh P.S. Case No.255/17 subject to the conditions as laid down under Section 438 (2) of Cr.P.C.

with further conditions: (1) bailors should be local having sufficient immovable property within the jurisdiction of the court concerned, (2) petitioner shall cooperate in the trial and shall be present on each and every date fixed by the court and absence on two consecutive dates without proper and reasonable reason will automatically cancel bail bond of the petitioner and (3) if petitioner tampers with the evidence or the witnesses of the case, in that case, prosecution will be at liberty to move for cancellation of bail of the petitioner.